Business Law Assignment

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ACKNOWLEDGMENT

It is always a pleasure to remind the fine people in the University Malaysia


Kelantan for their sincere guidance we received when completing Business Law
task.

First of all, we would like to thanks to Miss Hazwani Binti Salleh, lecturer in
the subject of business law because gave us a lot of guidance without wearying.
She was always helpful if we asked questions and would monitor from time to time
to minimize mistakes. With her help, we were able to complete this task in a timely
manner with no problems and to better understand how to answer questions
correctly.

Second, deepest thanks to fellow friends in this group, Lee Chui Hsia, Chua
Pei Ling, Jia Sin, Ayuu binti Mansor, Anis Adilla binti Muhamad Azlan, and Aifaa
Syazwani binti Abdul Razak because helped each other and provided an idea when
completing this assignment. All comments and instruction are highly appreciated
and we are working hard to do our best together.

Besides, we would like to thanks to our classmate either from lecture class
or tutorials class. The spirit, advice, kind help and opinions provided are very
helpful to us.

Other than the university community, we also thank to our family who
encouraged us throughout the time of our studies. With family prayer, we were
able to get the assignment done.

Finally, we apologizes all other unnamed who helped us in various ways to


have a good Business Law reports.
INTRODUCTION

Law of agency is a contract involving principal, agent and third party. Agency is
the relationship which subsists between the principal and agent, where the agent
has been authorized to act for the principal or represent him in dealing with third
party. Before commencing a contract, agent must obtain an obligation from the
principal to perform contract. The creation of agency involves three parties which
is the principal who passes the authority to act to the agent and the agent who in
turn with authority affects the legal relations of the principal with the third party. In
addition, the third party is a party with whom the agent deals with for and on
behalf of the principal. Based on Section 136 of Contract Act, 1950, capacity of the
principal is any person who is the age of majority according to the law which he is
subject and who is sound mind may employ an agent. Besides, for capacity of
agent, based on Section 137 of Contract Act 1950, any person may become an
agent, but no person who is not of the age of majority and sound mind can become
an agent, so as to be responsible to his principal according to the provisions in the
behalf her contained. Duties of an agent to his principal are to obey principal’s
instruction, to render proper accounts when required and others while duties of
principal to his agent is to pay the agent the commission or other agreed
remuneration unless the agency relationship is gratuitous. The modes of creation of
agency have five ways, which is by express appointment, implied appointment,
necessity, ratification and estoppel or holding out. All of these methods differ
depending on the circumstances of the case. Based on the case given, principle is
Azliza, agent is Afeedah and third party is Ariff Communication. There has a case
where have been enough of the three parties, but the contract is valid without the
consent or knowledge of the principal.
BIBLIOGRAPHY

Teacher, Law. (November 2013). The Law of Agency. Retrieved from


https://www.lawteacher.net/free-law-essays/commercial-law/the-law-of-agency-
commercial-law-essay.php?vref=1

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